[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Rules and Regulations]
[Pages 53377-53380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18823]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0682]
RIN 1625-AA00


Safety Zone; North Hero-Grand Isle Bridge, Lake Champlain, VT

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule and request for comments.

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SUMMARY: The Coast Guard is extending the effective period of the 
temporary safety zone for the navigable waters within a 50 yard radius 
from the center of the North Hero-Grand Isle Bridge, on Lake Champlain, 
VT. This rules extends the effective period of the existing safety zone 
for an additional two years. The safety zone will now end on September 
1, 2024. When enforced, this regulation will continue to prohibit entry 
of vessels or persons into the safety zone unless authorized by Captain 
of the Port for Sector Northern New England or a designated 
representative. The safety zone is necessary to protect personnel, 
vessels, and marine environment from potential hazards created by the 
demolition, subsequent removal, and replacement of the North Hero-Grand 
Isle Bridge.

DATES: This rule is effective from September 2, 2022, through September 
1, 2024.
    Comments and related material must be received by the Coast Guard 
on or before October 31, 2022.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0682 using the Federal Decision Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Chief Marine Science Technician Zachary Wetzel, Waterways 
Management Division, Sector Northern New England, U.S. Coast Guard, 
telephone 207-347-5003, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Northern New England
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
TIR Temporary Interim Rule
U.S.C. United States Code

II. Background Information and Regulatory History

    On October 9, 2018, the Coast Guard published a temporary interim 
rule (TIR) establishing a safety zone on the navigable waters within a 
50 yard radius from the center of the North Hero-Grand Isle Bridge, on 
Lake Champlain, VT for the North Hero-Grand Isle Bridge replacement 
project (83 FR 50503). We received no comments on the published TIR. No 
public meeting was requested and none was held. Construction on the 
North Hero-Grand Isle Bridge began in October 2018.
    The Coast Guard originally published this rule to be effective, and 
enforceable, through September 1, 2022, but is extending it to 
September 1, 2024, to complete all remaining contract operations in and 
over Lake Champlain, including, but not limited to steel erection, 
concrete bridge deck placements, installations of navigation lighting, 
and removal of the original North Hero-Grand Isle Bridge. This rule 
extends the effective period of the safety zone for two years until 
September 1, 2024, due to delays of the North Hero-Grand Isle Bridge 
replacement project.
    The Captain of the Port Sector Northern New England (COTP) has 
determined that the potential hazards associated with the bridge 
replacement project will be a safety concern for anyone within a 50 
yard radius from the center of the North Hero-Grand Isle Bridge, on 
Lake Champlain, VT. No

[[Page 53378]]

vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. If 
the project is completed prior to September 1, 2024, enforcement of the 
safety zone will be suspended and notice given via Broadcast Notice to 
Mariners, Local Notice to Mariners, or both.
    The Coast Guard is issuing this temporary interim rule without 
prior notice and opportunity to comment pursuant to authority under 
section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). This provision authorizes an agency to issue a rule without 
prior notice and opportunity to comment when the agency for good cause 
finds that those procedures are ``impracticable, unnecessary, or 
contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast 
Guard finds that good cause exists for not publishing a NPRM with 
respect to this rule because doing so would be impracticable and 
contrary to the public interest. The Coast Guard will consider comments 
in issuing a subsequent temporary interim rule or temporary final rule.
    The notice allowing the construction project to proceed and 
providing updated timelines for the project was only recently finalized 
and provided to the Coast Guard, which did not give the Coast Guard 
enough time to publish a NPRM, take public comments, and issue a final 
rule before the existing regulation expires. Timely action is needed to 
respond to the potential safety hazards associated with removal of the 
original bridge and construction of a new replacement bridge. It would 
be impracticable and contrary to the public interest to publish a NPRM 
because we must extend the effective period of the safety zone as soon 
as possible to protect the safety of the waterway users, construction 
crew, and other personnel associated with the bridge project. A delay 
of the project to accommodate a full notice and comment period would 
delay necessary operations, result in increased costs, and delay the 
completion date of the bridge project and subsequent reopening of the 
North Hero-Grand Island Bridge for normal operations.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable and contrary to the public interest 
because timely action is needed to respond to the potential safety 
hazards associated with the removal of the original bridge and 
construction of a new replacement bridge. It would be impracticable and 
contrary to the public interest to publish to delay effectiveness 
because we must protect the safety of the waterway users, construction 
crew, and other personnel associated with the bridge project.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The COTP has determined that 
potential hazards associated with this bridge construction, and removal 
project that has already commenced, and will continue through September 
1, 2024, will be a safety concern for anyone within the work zone. The 
construction and removal of the bridge continues to be extremely 
complex and presents many safety hazards including overhead crane 
operations, overhead cutting operations, potential falling debris, and 
barges positioned along the length of the bridge. In order to mitigate 
the inherent risks involved with the removal of a bridge, and 
installation of the new bridge, it is necessary to control vessel 
movement through the area. The purpose of this TIR is to ensure the 
safety of the waterway users, the public, and construction workers for 
the duration of the new bridge construction and demolition. Heavy-lift 
operations are sensitive to water movement, and wake from passing 
vessels could pose significant risk of injury or death to construction 
workers. In order to minimize such unexpected or uncontrolled movement 
of water, any expeditous passage. No vessel may stop, moor, anchor, or 
loiter within the safety zone at any time unless they are working on 
the bridge construction operations. The rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone during the bridge construction project.

IV. Discussion of the Rule

    This rule extends the effective period of the temporary interim 
rule for the navigable waters of Lake Champlain, VT, surrounding the 
North Hero-Grand Isle bridge for two additional years until September 
1, 2024. There are no other changes to the regulatory text of this rule 
as cited in 33 CFR 165.T01-0682. This rule will continue to prohibit 
all persons and vessel traffic from the safety zone unless exceptions 
are authorized by the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    This regulatory action determination is based on the following 
reasons: (1) The safety zone only impacts a small designated area of 
Lake Champlain, (2) the safety zone will only be enforced when work 
equipment is present in the navigable channel as a result of bridge 
removal and replacement operations or if there is an emergency, (3) 
persons or vessels desiring to enter the safety zone may do so with 
permission from the COTP or a designated representative. The Coast 
Guard will notify the public of the enforcement of this rule via 
appropriate means, such as via Local Notice to Mariners and Broadcast 
Notice to Mariners via marine channel 16 (VHF-FM).

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this proposed rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please call or email the

[[Page 53379]]

person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves 
involves a temporary safety zone that will prohibit entry within a 50 
yard radius from the center of the North Hero-Grand Isle Bridge during 
its removal and replacement. It is categorically excluded from further 
review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction 
Manual 023-01-001-01, Rev. 1. A preliminary Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule. A Record of Environmental Consideration supporting this 
determination is available in the docket. For instructions on locationg 
the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

VI. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2018-0682 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER 
INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. We review all comments received, but we will only 
post comments that address the topic of the proposed rule. We may 
choose not to post off-topic, inappropriate, or duplicate comments that 
we receive.
    Personal information. We accept anonymous comments. Comments we 
post to https://www.regulations.gov will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.2.


0
2. Amend Sec.  165.T01-0682 by revising paragraph (c) to read as 
follows:


Sec.  165.T01-0682   Safety Zone; North Hero-Grand Isle Bridge, Lake 
Champlain, VT.

* * * * *
    (c) Effective and enforcement period. This section is effective 
from September 2, 2022, through September 1, 2024, and

[[Page 53380]]

subject to enforcement 24 hours a day. When enforced, as deemed 
necessary by the COTP, vessels and persons will be prohibited from 
entering the safety zone unless granted permission from the COTP or the 
COTP's designated representative.
* * * * *

    Dated: August 26, 2022.
A.E. Florentino,
Captain, U.S. Coast Guard, Captain of the Port Northern New England.
[FR Doc. 2022-18823 Filed 8-30-22; 8:45 am]
BILLING CODE 9110-04-P